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Home > By-Laws > 3565-2022 Execution of an Agreement with South Nation Conservation Authority (Sewage Inspections)

3565-2022 Execution of an Agreement with South Nation Conservation Authority (Sewage Inspections)

3565-2022 Execution of an Agreement with South Nation Conservation Authority (Sewage Inspections)

BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH SOUTH NATION CONSERVATION AUTHORITY

Passed by Council May 9, 2022


THE CORPORATION OF THE TOWNSHIP OF AUGUSTA

BY-LAW NUMBER 3565-2022

A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH SOUTH NATION CONSERVATION AUTHORITY

WHEREAS the Council of The Corporation of the Augusta is responsible for the enforcement of the Building Code Act, 1992, within the boundaries of Augusta Township;

AND WHEREAS it is desirous for Augusta Township to contract out the service requirement to a third party;

AND WHEREAS the Municipality of Augusta wishes to enter into an Agreement with South Nation Conservation Authority to carry out the responsibilities of the Part VIII Sewage Inspection Program;

NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF AUGUSTA HEREBY ENACTS AS FOLLOWS:

  1. THAT the Mayor and the Clerk are hereby authorized to execute on behalf of the TOWNSHIP OF AUGUSTA this Agreement for sewage Inspections for Augusta Township.
  2. THAT Schedule A shall form part of this by-law.
  3. That Council authorizes staff to update the appendixes and other administrative matters without affecting the status of this by-law.
  4. THAT this by-law is in full force as of date of passing.

READ a first, second, and third time and finally passed this 9 day of May 2022

Signed by Mayor Doug Malanka and Clerk Annette Simonian

 

Schedule A By-law 3565 SEWAGE SYSTEM MANAGEMENT AGREEMENT

SEWAGE SYSTEM MANAGEMENT AGREEMENT

This Agreement dated _______ in the month of _____________, 2022

BETWEEN:

SOUTH NATION RIVER CONSERVATION AUTHORITY
(a conservation authority under the Conservation Authorities Act, R.S.O. 1990 c. C-27)
(the “Conservation Authority”)

-AND-

CORPORATION OF THE TOWNSHIP OF AUGUSTA
 (a municipal corporation under the Municipal Act, 2001, S.O. 2001 c. 25)
(the “Municipality”)

RECITALS: 

  1. Pursuant to the Building Code Act, 1992, S.O. 1992 c.23 as amended (the “Act”), a Municipality may enter into agreement with a Conservation Authority having jurisdiction in the Municipality to enforce provisions of the Act and the Building Code, O. Reg. 332/12 (“the Building Code”), related to Sewage Systems. 
  1. This Agreement is entered into pursuant to the Act, delegating to the Conservation Authority certain responsibilities under the Act and Building Code, as amended from time to time, for Sewage Systems as defined herein.

IN CONSIDERATION of the mutual covenants herein contained, the Parties agree as follows:

ARTICLE ONE

GENERAL

Section 1.01 Application: This Agreement applies to all Properties in the Municipality serviced by Sewage Systems (“the Service Area”).

Section 1.02 Duties: The Conservation Authority shall carry out its duties in accordance with the Act and the Building Code in force from time to time, this Agreement, and any other legislation contemplated hereunder.

ARTICLE TWO

DEFINITIONS

Section 2.01

In this Agreement:

“Act” means the Building Code Act, 1992, S.O. 1992, c.23 including amendments thereto.

“Building Code” means regulations made under Section 34 of the Act.

“Conservation Authority” means the South Nation River Conservation Authority.

“Permit” means written permission or written authorization to perform work regulated under the provisions of the Building Code and Act.

“Sewage System” means:

  • a chemical toilet, an incinerating toilet, a re-circulating toilet, a self-contained portable toilet and all forms of privy including a portable privy, an earth pit privy, a pail privy, a privy vault and a composting toilet system.
  • a grey water system,
  • a cesspool,
  • a leaching bed system, or
  • a system that requires or uses a holding tank for the retention of hauled sewage at the site where it is produced before its collection by a hauled sewage system, where these
  • have a design capacity of 10, 000 litres per day or less,
  • have, in total, a design capacity of 10,000 litres per day or less, where more than one of these are located on a lot or parcel of land, and
  • are located wholly within the boundaries of the lot or parcel of land on which is located the building or buildings they serve.

“Sewage System Inspector” means an employee of South Nation Conservation designated for the purpose of implementing Part 8 of the Ontario Building Code.

“The Service Area” means this Agreement applies to all Properties in the Municipality serviced by Sewage Systems.

ARTICLE THREE

SERVICES OF THE CONSERVATION AUTHORITY

Section 3.01 Services: The Conservation Authority shall provide the following services in the Service Area (the “Services”):

(i) Inspection of Properties, not serviced by municipal sewage services, which
are planned to be divided by severance, to ensure that each lot will be
suitable for the installation of a Sewage System.

(ii) Inspection of Properties prior to the issuance of a Permit for the
construction, installation, establishment, enlargement, extension or
alteration of a Sewage System.

(iii) Inspection of Sewage Systems of Properties under consideration for
connection to municipal sewage services.

(iv) Issue permits under the Act and the Building Code relating to Sewage
Systems (a “Permit”).

(v) Inspection of Properties to determine the acceptability of applications for
minor variances or lot line adjustments, concerning existing and proposed
Sewage Systems and review of official plans and zoning by-laws and
amendments to ensure compliance with provisions of the Act and Building
Code relating to Sewage Systems.

(vi) Issue permits upon successful inspection (and repeat inspection when
necessary) of Sewage Systems for compliance of the Permit and other
requirements under the Act or Building Code.

(vii) Receive and process applications and requests related to activities listed in
paragraphs (i) through (vi) of this section.

(viii) Provide reports and comments on minor variances and severances directly
to the appropriate planning authority related to septic systems.

(ix) Review planning documents including, but not limited to, subdivision
proposals, draft official plans, and proposed amendments, to ensure
compliance with provisions of the Act and Building Code relating to Sewage
Systems.

(x) Maintain adequate records of all documents and other materials used in
performing the duties required under this Agreement.

(xi) Consult with various groups regarding compliance with provisions of the Act
and Building Code relating to Sewage Systems.

(xii) Respond to inquiries made by any person under the Municipal Freedom of
Information and Protection of Privacy Act and related Regulations, as
amended from time to time, or through other legal channels.

(xiii) Investigate complaints and malfunctioning Sewage Systems, undertake
compliance counseling and preparation of reports for abatement action as
it relates to existing and proposed Sewage Systems.

(xiv) Issue orders under the Act relating to Sewage Systems.

(xv) Prepare documentation necessary for prosecutions including prosecuting
violations relating to Sewage Systems under the Building Code. Perform all
duties related to prosecutions relating to Sewage Systems pursuant to the
Provincial Offences Act, R.S.O. 1990, c.P.33 and the Act.

(xvi) Provide all forms and clerical services necessary for the administration of
this Agreement.

(xvii) Any other matters related to the administration or enforcement of the Act or
Building Code relating to Sewage Systems.

(xviii) Provide promptly to the Municipality, as may be required from time to time,
copies of documents used by the Conservation Authority staff in the
performance of their duties under this Agreement.

(xix) To advise the Municipality of any existing Sewage Systems within the
Service Area to allow for possible sewer connection.

(xx) Maintain an appropriate number of adequately trained staff to carry out the
services in a timely fashion.

(xxi) Attend meetings of Municipal Council and their committees, as requested,
to discuss matters relating to any provisions of the Act or Building Code
relating to Sewage Systems.

Section 3.02 Performance of Duties: Dialogue is encouraged between the Conservation
Authority’s Inspector and the Senior Administration Officer or Chief Building Official of the
Municipality; however, the Conservation Authority shall, acting reasonably, and in
accordance with our Code of Conduct (Appendix A) and applicable legislation, have
discretion in determining the manner in which to perform the Services.

ARTICLE FOUR

FEES

Section 4.01 Collection of Fees: The Conservation Authority shall collect and retain all
fees, as set out in Appendix B, payable by any person for work performed by the
Conservation Authority hereunder as compensation for its services provided hereunder
and all persons required to pay any such fee shall pay the fee to the Conservation
Authority.

Section 4.02 Amendment of Fee Schedule: The Conservation Authority may amend the
fees as set out in Appendix B by applying a cost-of-living adjustment each year, subject
to the provisions of Section 1.9.1.2, Division C of the Code.

ARTICLE FIVE

INSPECTORS

Section 5.01 Qualifications: Inspectors shall be qualified in accordance with the provisions
of the Building Code and shall be appointed by the Conservation Authority’s Board of
Directors as per section 6.2 (3) (4) of the Building Code Act.

ARTICLE SIX

LIABILITY, INSURANCE, AND INDEMNITY

Section 6.01 Insurance: The Conservation Authority shall at their own expense within ten
(10) days of notification of acceptance and prior to the commencement of work, obtain
and maintain until the termination of the contract or otherwise stated, provide the
Municipality with evidence of:

Commercial General Liability Insurance issued on an occurrence basis for an amount
of not less than $5,000,000 per occurrence / $5,000,000 annual aggregate for any
negligent acts or omissions by the Conservation Authority relating to its obligations under
this Agreement. Such insurance shall include, but is not limited to bodily injury and
property damage including loss of use; personal injury; contractual liability; premises,
property and operations; non-owned automobile; broad form property damage, broad
form completed operations; owners and contractors protective; occurrence property
damage; products; employees as Additional Insured(s); contingent employer’s liability;
tenants legal liability, cross liability and severability of interest clause.

Error and Omissions Insurance for a limit of not less than $2,000,000 per incident on a
claims basis. Such coverage shall contain an extended reporting period of twenty-four
(24) months or be maintained for a period of two years subsequent to conclusion of
service provided under this Agreement.

Environmental Impairment Liability with a limit of not less than $5,000,000 per incident
/annual aggregate. Coverage shall include Third Party Bodily Injury and Property Damage
including restoration costs. If such insurance is issued on a claims made basis, coverage
shall contain a 24 month extended reporting period or be maintained for a period of two
years subsequent to conclusion of services provided under this Agreement.

Automotive Liability Insurance with respect to owned or leased vehicles used directly
or indirectly in the performance of the services covering liability for bodily injury, death
and damage to property with a limit of not less than $5,000,000 inclusive for each and
every loss.

The Municipality shall be added as Additional Insured to the above noted policies with
respect to the operation of the Conservation Authority. This insurance shall be noncontributing
with and apply as primary and not as excess of any insurance available to
the Municipality.

The Policies shown above shall not be cancelled or materially changed unless the Insurer
notifies the Municipality in writing at least thirty (30) days prior to the effective date of the
change or cancellation. The insurance policies will be in a form and with a company which
are, in all respects, acceptable to the Municipality.

The Conservation Authority shall provide confirmation of Workers Safety Insurance Board
(WSIB) coverage to the Municipality.

All deductibles related to the operations of the Conservation Authority shall be the sole
responsibility of the Conservation Authority and the Municipality shall bear no cost
towards such deductibles. The Conservation Authority shall be responsible for insuring
their property and the Municipality shall bear no cost towards such insurance. Should the
Conservation Authority fail to insure their property, the Municipality will not be liable for
such property in the event of a loss.

For the sake of clarity, the Conservation Authority has no responsibility for or liability for
any sewage system services provided prior to the effective date of this Agreement. If a
claim is commenced against the Conservation Authority relating to sewage system
services (including but not limited to the Services set out in section 3.01) that were
provided prior to the effective date of this Agreement, the Municipality agrees to defend
and indemnify the Conservation Authority from any such claim.

Section 6.02 Liability of the Conservation Authority: The Conservation Authority shall
indemnify and save harmless the Municipality, their elected officials, officers, employees
and volunteers from and against any and all claims, actions, losses, expenses, fines,
costs (including legal costs), interest or damages of every nature and kind whatsoever,
including but not limited to bodily injury or damage to or destruction of tangible property
including loss of revenue arising out of or allegedly attributable to the negligence, acts,
errors, omissions, whether willful or otherwise by the Conservation Authority, their
officers, employees, or others who the Conservation Authority is legally responsible. This
indemnity shall be in addition to and not in lieu of any insurance to be provided by the

Municipality in accordance with this agreement and shall survive this agreement. For the
sake of clarity, the Conservation Authority has no responsibility for or liability for any
sewage system services provided prior to the effective date of this Agreement. If a claim
is commenced against the Conservation Authority relating to sewage system services
(including but not limited to the Services set out in section 3.01) that were provided prior
to the effective date of this Agreement, the Municipality agrees to defend and indemnify
the Conservation Authority from any such claim.

Section 6.03 Liability of the Municipality: The Municipality shall indemnify and save
harmless the Conservation Authority from and against all claims, demands, losses,
costs, damage, actions, suits, or proceedings by whosoever made, brought, or
prosecuted in any manner based upon, arising out of, related to, occasioned by, or
attributed to the negligence of the Municipality in executing its obligations under this
Agreement. For the sake of clarity, the Conservation Authority has no responsibility for
or liability for any sewage system services provided prior to the effective date of this
Agreement. If a claim is commenced against the Conservation Authority relating to
sewage system services (including but not limited to the Services set out in section

3.01) that were provided prior to the effective date of this Agreement, the Municipality
agrees to defend and indemnify the Conservation Authority from any such claim.

ARTICLE SEVEN

TERM AND TERMINATION OF AGREEMENT

Section 7.01 Term: This Agreement shall continue in force commencing the date set out
at the top of page 1 for a term of five (5) years.

Section 7.02 Deemed Renewal: This Agreement shall automatically continue following
the expiry of the term set out above until it is:

a) Superseded or replaced by a subsequent Agreement;
b) Terminated in its entirety by either party by giving one hundred twenty (120) days
written notice; or
c) Terminated in its entirety by mutual agreement of both parties.

Section 7.03 Early Termination: Subject to Section 7.04, this Agreement may not be
terminated prior to the end of the term set out in Section 7.01 hereto however, either party
may terminate this agreement on not less than 180 days written notice.

Section 7.04 Termination for Default:
(i) The Municipality may terminate this Agreement at any time prior to the end of the
term set out in Section 7.01 if:

(a) the Conservation Authority has failed to comply with the Act or the Code in
fulfilling its obligations under this Agreement; or

(b) the Conservation Authority is not carrying out its duties or obligations
pursuant to this Agreement; and the Conservation Authority fails to remedy
the problem in a manner satisfactory to the Municipality, acting reasonably,
within 120 days of being notified by the Municipality in writing of any such
problem.

(ii) The Conservation Authority may terminate this Agreement at any time prior to the
end of the term set out in Section 7.01 if:

(a) the Municipality has failed to comply with the Act or the Code in fulfilling
its obligations under this Agreement; or

(b) the Municipality is not carrying out its duties or obligations pursuant to this
Agreement; and the Municipality fails to remedy the problem in a manner
satisfactory to the Conservation Authority, acting reasonably, within 120
days of being notified by the Conservation Authority in writing of any such
problem.

ARTICLE EIGHT

ARBITRATION

8.01 Arbitration: If a dispute arises between the parties relating to any matter in this
Agreement, the parties agree to resolve the dispute in strict compliance with the following
procedures:

(i) To meet within a period of fifteen (15) days from the date a notice of dispute is be
filed by either party, each party to be in attendance represented by legal counsel,
to participate in good faith in negotiating a resolution of the dispute.

(ii) To negotiate in good faith, personally and through counsel, for a period of thirty
(30) days after the meeting.

(iii) If, within the thirty (30) day period after such meeting, the parties have not
succeeded in negotiating a resolution of the dispute, to submit the dispute to
arbitration.

(iv) The parties shall meet and appoint a single arbitrator. If they are unable to agree
on a single arbitrator within fifteen (15) days, then upon written notice by any party
to the other the matter shall be settled by arbitration in accordance with the
Arbitrations Act, 1991, of Ontario by delivery of a notice of arbitration to the other
party.

ARTICLE NINE

RELATIONSHIP OF THE PARTIES

9.01 It is expressly agreed that this Agreement shall not be construed as a partnership or
joint venture between the Conservation Authority or any subcontractor and the
Municipality. The Conservation Authority shall have no authority to bind the Municipality
for the performance of any contract or otherwise obligate the Municipality.

ARTICLE TEN

MISCELLANEOUS

Section 10.01 Preamble: The preamble hereto shall be deemed to form an integral part
hereof.

Section 10.02 Amendments: This Agreement shall not be changed, modified, terminated,
or discharged in whole or in part except by instrument in writing signed by the parties
hereto, or their respective successors or permitted assigns, or otherwise as provided
herein.

Section 10.03 Assignment: This Agreement shall not be assignable by either party hereto
without the written consent of the other party being first obtained.

Section 10.04 Force Majeure: Any delay or failure of either party to perform its obligations
under this Agreement shall be excused and this Agreement is suspended if, and to the
extent, that the delay or failure is caused by an event occurrence beyond the reasonable
control of the party and without its fault or negligence, such as, by way of example and
not by way of limitation, acts of God, fires, floods, wind storms, riots, labor problems
(including lock-outs, strikes and slow-downs) or court injunction or order.

Section 10.05 By-Laws: Any by-laws passed under Section 7 of the Building Code Act
and all forms, applications, etc. related to Sewage Systems shall be provided to the
Municipality by the Conservation Authority upon request at no charge.

Section 10.06 Notices: Any notice, report or other communication required or permitted
to be given hereunder shall be in writing unless some other method of giving such notice,
report or other communication is expressly accepted by the party to whom it is given by
being delivered to an officer of such party during normal working hours or mailed to the
following addresses of the parties respectively:

To the Conservation Authority:

South Nation River Conservation Authority
38 Victoria Street, P.O. Box 29
Finch, ON K0C 1K0
Attention: General Manager/Secretary Treasurer

To the Municipality:

Augusta Township
3560 Country Road 26
Prescott, ON K0E 1T0
Attention: Chief Administrative Officer

Any notice, report or other written communication, if delivered, shall be deemed to have
been given or made on the date on which it was delivered to any employee of such
party, or if mailed,
postage prepaid, shall be deemed to have been given or made on the third business day
following the day on which it was mailed (unless at the time of mailing or within forty-eight
hours thereof there shall be a strike, interruption or lock-out in the Canadian postal service
in which case service shall be by way of delivery only). Either party may at any time give
notice in writing to the other party of the change of its address for the purpose of this
Section.

Section 9.07 Headings: The section headings hereof have been inserted for the
convenience of reference only and shall not be construed to affect the meaning,
construction or effect of this Agreement.

Section 9.08 Governing Law: The provisions of this Agreement shall be construed and
interpreted in accordance with the laws of the Province of Ontario as at the time in effect.

[Signature page follows]

IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year set out below.

SOUTH NATION RIVER CONSERVATION AUTHORITY

Signed by the Chair & General Manager/Secretary Treasurer
Date:

CORPORATION OF THE TOWNSHIP OF AUGUSTA

Signed by Mayor Doug Malanka and Clerk Annette Simonian
Date:

APPENDIX A
SNC CODE OF CONDUCT

Purpose of this Code of Conduct

Authority establishes a Code of Conduct as per 7.1(1) of the Building Code Act, 1992 as
amended for the Sewage System Inspector and the designated inspectors.

1) To promote appropriate standards of behavior and enforcement actions by the
Sewage System Inspector and designated inspectors in the exercise of a power
or the performance of a duty under the Building Code Act or the building code.

2) To prevent practices which may constitute an abuse of power, including unethical
or illegal practices, by the Sewage System Inspector and designated inspectors
in the exercise of a power or the performance of a duty under the Building Code
Act or the building code.

3) To promote appropriate standards of honesty and integrity in the exercise of a
power or the performance of a duty under the Building Code Act or the building
code by the Sewage System Inspector and the designated inspectors.

4) Duty to Carry Identification as indicated in Section 15.23 of the Building Code Act
and employment standards

5) Inspection of Building Site as indicated in Section 12 (1) of the Building Code Act

Enforcement Guidelines

The Sewage System Inspector and designated inspectors appointed with South Nation
Conservation shall comply with this code of conduct. The appointed Sewage System
Inspector or the designated inspectors who fails to act in accordance with the provisions
of this code may be subject to disciplinary action appropriate to the seriousness of the
breach. All allegations concerning a breach of this code shall be made in writing.

Any person who has reason to believe that this code of conduct has been breached
may bring the matter to the attention of the Sewage System Inspector. Where the
allegation concerns the actions of the Sewage System Inspector, the matter may be
brought to the attention of the senior staff person to whom the Sewage System
Inspector reports.

The Sewage System Inspector or senior staff person who receives information, in
writing, concerning a significant breach of this code shall investigate the matter, and
where appropriate shall commence disciplinary action in accordance with the
employment standards of the place of work. All communications received by a Sewage
System Inspector or senior staff person concerning a breach of this code shall be held
in confidence. The Sewage System Inspector or senior staff person shall advise the
Board of Directors in writing about the particulars of the alleged breach, its investigation
and the final disposition of the matter upon its conclusion.

Disciplinary Action

Disciplinary action arising from violation of the Code is the responsibility of South Nation
Conservation and will be based on the severity and frequency of the violation in
accordance with employment laws and standards, and relevant collective agreements.

Code of Conduct

In exercising powers and performing duties under the Building Code Act and the
building code, the Sewage System Inspector and designated inspectors shall:

1) Exercise powers in accordance with the provisions of the Building Code Act, the
building code and other applicable law that governs the authorization,
construction, occupancy and safety of buildings and designated structures, and
the actions, duties and qualifications of the Sewage System Inspector and
designated inspectors;
2) Act to identify and enforce compliance where significant contravention of the Act
or regulations are known to exist;
3) Apply all relevant building laws, regulations and standards in a consistent and fair
manner, where a personal interest may create a conflict;
4) Not accept any personal benefit which may create a conflict with their duties; or
perform duties where a personal interest may create a conflict;
5) Obtain the counsel of persons with expertise where the Sewage System
Inspector or designated inspectors does not possess sufficient knowledge to
make an informed judgment; and
6) Act honestly, reasonably and professionally in the discharge of their duties

Public Notice

This code of conduct shall be brought to the attention of the public in the following
manner:

• Posting on Conservation Authorities website, and
Public viewing by attending at the South Nation Conservation office and requesting a
copy.

APPENDIX B

FEE SCHEDULE
SEWAGE SYSTEM INSPECTIONS

Updated Annually

table showing schedule E: sewage system inspections

table showing approvals fee schedule

APPENDIX C

CERTIFICATE OF INSURANCE

Updated Annually

certificate of insurance